Implementing Rules and Regulations of Republic Act No. 9154, the Mount Kanla-on Natural Park (MKNP) Act of 2001

DENR Administrative Order No. 2010-04

Subject: Implementing Rules and Regulations of RA 9154, the Mount Kanla-on Natural Park (MKNP) Act of 2001

Signed: February 12, 2010 . Published: Malaya, February 25, 2010 . Acknowledged: ONAR, U.P. Law Center, March 2010.

Policy

Protects and conserves Mt. Kanla-on's biodiversity together with its communities and their culture, through participatory management and sustainable development under RA 7586 (NIPAS), RA 8371 (IPRA), and related laws.

Coverage

• Natural Park: 24,388 hectares in Bago, La Carlota, San Carlos, La Castellana, and Murcia (Negros Occidental) and Canlaon City and Vallehermoso (Negros Oriental).
• Buffer Zone: 169 hectares established for geothermal exploration, development, and utilization. Boundaries are demarcated by the geothermal proponent under DENR and PAMB supervision.

Management Plan

A 30-year Management Plan, reviewed every five years, is prepared within one year of effectivity by the Office of the Superintendent, subjected to public consultation in every city and municipality (30-day notice and 30-day comment period), adopted by the PAMB, and affirmed by the DENR Secretary. It must include a Financing Plan and be available in English, Tagalog, Ilonggo, and Cebuano.

Management Zones

• Strict Protection Zone: closed to human activity except protection, monitoring, approved research, and IP ceremonial use.
• Recreational/Ecotourism Zone: existing trails and campsites, with tenured migrant participation.
• Multiple-Use Zone: with sub-zones for sustainable use, restoration, habitat management, cultural areas, and special uses (existing telecom, irrigation, and power line installations under agreement with the PAMB and user fees).
• Permanent Danger Zone: a 4-kilometer radius from the active vent where permanent habitation is not encouraged.

Geothermal Development in the Buffer Zone

• Governed by PD 1586 and its IRR. Permits are issued by DENR with prior PAMB consultation and endorsement.
• Before development, the proponent must conduct ecological profiling (species, habitats, endemism, ecological system losses), with scope endorsed by the PAMB, and present mitigation measures for PAMB approval.
• The proponent pays user fees to the MKNP Fund. Salvaged forest products from road and well pad clearing are auctioned for the Fund.
• A PAMB Technical Working Committee monitors geothermal operations and sits on the multipartite monitoring team.
• Geothermal or mineral development inside the Park itself requires an act of Congress.

EIA Requirement

Any project within the Park outside the scope of the Management Plan requires an EIS and an ECC before implementation. Commercial water extraction requires PAMB approval and EIA. Existing commercial facilities with capitalization of at least PHP 100,000 must submit sworn statements on habitat disturbance, noise, emissions, effluents, energy and water use, and five-year plans within 90 days.

Administration

The PAMB is chaired by the DENR Region VI RED, with the Region VII RED, the two governors, mayors, barangay chairs, NGO, PO, and IP representatives, the two PPDOs, and a PNOC-EDC representative. A Superintendent (PASu) serves as chief operating officer. Hardship (25%) and hazard (20%) pay apply to Park staff.

Indigenous Peoples and Tenured Migrants

Ancestral domain rights of the Ati and Bukidnon are recognized, with delineation by NCIP in coordination with the PAMB. Tenured migrants (continuous occupants since June 1, 1987, solely dependent on the Park) may receive a PACBRMA of 25 years, renewable once, limited to multiple-use zones and a maximum of three hectares per household.

MKNP Fund and Penalties

75% of Park income goes to the MKNP Fund and 25% to the Central IPAF. Prohibited acts include unpermitted hunting, cutting, kaingin, exotic species introduction, dumping, commercial grazing, and unpermitted structures, with fines up to PHP 500,000 and imprisonment of up to 12 years, and heavier penalties where protected species are involved.

Effectivity

Takes effect 15 days after publication in a national newspaper of general circulation and/or filing with ONAR.

Signatory not legible in the source copy. Summary prepared by EnviSynergy from the official DENR issuance; refer to the full text for binding provisions.